Cole & Co Terms & Conditions

This website is operated by Pomegranate Retail Ltd. trading as Cole & Co (Company No: 0666 8618). Throughout the site, the terms “we”, “us”, “our” and "Cole & Co" refers to Pomegranate Retail Ltd (Company No: 0666 8618). Cole & Co offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

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Part 1 - Online Store Terms

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In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

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Part 2 - General Conditions

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When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

“The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.

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Part 3 - Returns & Refund Policy

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Notification of any damaged or incorrectly delivered products must be made within 5 days of receipt. Returned products will be replaced with new products, as long as they are returned in their original condition / packaging. Please note, if 30 days have expired then unfortunately, we are unable to accept your return.

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Part 4 - The Retention of Right to Change Offering

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We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

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Part 5 - Ownership of intellectual property, copyrights and logos

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Cole & Co. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

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Part 6 - Limitation of Liability

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To the maximum extent permitted by applicable law, in no event shall Cole & Co be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, Cole & Co assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein.

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Part 7 - Right to Change and Modify Terms

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We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

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Part 8 - Preference of Law and Dispute Resolution

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These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United Kingdom, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

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Part 9 - Delivery

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Delivery takes between 3 - 5 working days. If we have all of the items in stock then we aim to despatch within 24 hours Monday - Friday. We offer both first class and second class delivery - however, if you need it next day, then please don't hesitate to get in touch and we can quote for postage.

There is a carriage charge for all domestic orders up to £100 - any orders over £100 are carriage free.

For orders outside UK mainland, please enquire to hannah@coleandco.com and we can quote for postage and set up payment for your order.

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Part 10 - Pricing

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All prices are in Pounds Sterling. Prices are correct at the time of publication and may be subject to change without prior notice. Any price increase will not affect orders which have already been confirmed. VAT Rates are as of January 2011 and may vary with any changes in Government legislation.

Part 11 - Copyright

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All product designs, website designs, text graphics, underlying source code and any other material designed for use by Cole & Co are covered by copyright and remain the property of Cole & Co and may not be copied under any circumstance. All rights reserved. Any use of materials on this website including reproduction for purposes other than those noted above, modification, distribution, or republication, without the prior written permission of Cole & Co is strictly prohibited. Any person or persons found in breach of copyright will be dealt with according to current UK law.

Part 12 - Customer Service & Support

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If you have any further enquiries, please contact us at liz@coleandco.com. We will endeavour to respond to all complaints within 1-3 working days.

Disclaimer

To the fullest extent permitted at law, Cole & Co is providing this website and it’s contents on an “as is” basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this website or the information, content, materials or products included in this site including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, Cole & Co does not represent or warrant that the information accessible via this web site is accurate, complete or current. Except as specifically stated on this website, to the fullest extent permitted at law, Cole & Co will not be liable for damages arising out of or in connection with the use of this website or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Price and availability information is subject to change without notice. We reserve the right to change and update these conditions from time to time.